5. Our concerns
-in the event of our death
Notwithstanding the concerns we have for our families whilst we remain alive, there are additional worries which arise in the event of our death.
i) The Home Secretary has indicated some "provision" for our spouses in' this situation. We assume that this means that in the event of our death our spouses will in theory be permitted to settle in Britain. However, we wonder what procedures would be necessary before the surviving spouse could exercise this option, and how long would it take before the paperwork would be completed. We wonder what the situation would be in the case of an emergency. For example, if a British husband dies leaving a widow in Hong Kong with the children at school in Britain would the widow have the absolute right to return immediately to Britain to be with her children and to deal with necessary arrangements? What assurance could be given that she would not under any circumstances be denied entry in such a situation and that she would not need to rely on the discretion of the duty immigration officer. Would she be forced into the position of having to claim she was a tourist in order to ensure entry, but put herself at risk by not having disclosed her true intentions at immigration?
ii) It is not clear whether this "provision" relates only to spouses who hold BDTC or BNO passports. Hence those spouses of other nationalities may be denied even this encouragement.
exists
iii) After our death the risk of prejudice, or worse, against a surviving spouse and possibly the children, as a result of their connection with Britain.
iv) The very real concern remains that any "concession" granted now may subsequently be modified, restricted or reversed by the current or future Government and hence that there is no reliable assurance that our spouses really will be permitted to enter Britain after our death.
As a result of the anxieties expressed in sections 4 & 5 above British subjects in this position are reappraising their commitment to Hong Kong and are considering whether the risks of staying here are worth taking. In many cases the decision will be that it is in the best interests of the family to leave, while they can, and (subject to the vagaries of the settlement clearance process referred to above) resettle in Britain in order that the three year qualifying period can take place. Hence, even though the Official position is that our spouses have the "absolute right" to enter Britian during our lifetime, and even though after our death they may be eligible for some "provision" to enter Britain, the reality is that for reasons discussed above, few people in this position will feel assured that their spouses really will be protected in`any eventuality.
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